16 August 2012

EBONY: Rep. Barbara Lee Explains HIV Criminalization and Why You Should Be Concerned

In more than 60 nations it is a crime to expose another person to or transmit HIV. The United States has reportedly led the world with “thousands of prosecutions”, according to United Nations-backed Global Commission on HIV and the Law. Thirty-four states and two territories criminalize exposure and/or transmission of HIV. Some laws penalize having sex without revealing serostatus to partner—regardless if a condom were used or the virus was transmitted. Other laws criminalize spitting or biting—which pose little threat of HIV transmission.

Rep. Barbara Lee (D-CA) has introduced the landmark "REPEAL HIV Discrimination Act" which calls for the review of all federal and state laws and regulations regarding "the criminal prosecution of individuals for HIV-related offenses."

"Many of these laws were enacted before people understood how HIV was transmitted," Rep. Lee told EBONY in an exclusive interview. Lee is the co-chair of the newly formed Congressional HIV/AIDS Caucus. "They are archaic and they don’t reflect current scientific research."